*In the Common Pleas. Bill against an attorney of C. P. (i). Declara tion thereon after ap pearance. Michaelmas Term, 1 Will. 4. To the Justices of our Lord the King of the Bench. (to wit.) A. B. by E. F. his attorney, complains of C. D. gentleman, one of the attornies of his Majesty's Court of the Bench here, present here in court in his own person, of a plea of trespass on the case, &c. (or as the plea is). For that whereas, &c. (Conclude as in K. B. 1 Rich. C. P. 262. Andr. Rep. 247.) In the Common Pleas. Michaelmas Term, 1 Will. 4. next after (to wit.) Be it remembered, That on in this same Term, A. B. came into his Majesty's Court of the Bench here, by E. F. his attorney, and brought into the same court here his certain bill against C. D. gentleman, one of the attornies of the said Majesty's Court of the Bench here, present here in court, in his own person, of a plea of trespass on the case (as the plea is); and there are pledges for the prosecution thereof, to wit, John Doe and Richard Roe; which said bill follows in these words, that is to say, To the justice of our lord the king of the Bench, to wit, A. B. by his attorney, complains of C. D. (to the end of the bill.) INFANTS. [ *32 ] Ellenborough. Declara tion by an *INFANTS. Michaelmas Term, 1 Will. 4. (to wit.) A. B. by E. F. who is admitted by the court of our lord infant in the now king before the king himself, here to prosecute for the said A. B. K. B. (j). who is an infant within the age of twenty-one years, as the next friend of the said A. B. complains of C. D. being, &c. [2 Saund. 117 f. Pract. 9th edit. 99.] Declaration by an In the Common Pleas. Tidd's Michaelmas Term, 1 Will. 4. (to wit.) C. D. was attached to answer A. B. of a plea of tresinfant in pass on the case (as the plea is,) and thereupon the said A. B. by E. F. who is admitted by the court of our lord the king of the bench here, to pros[ 33 ] ecute for the said A. B. who is an infant within the age of twenty-one years. as the next friend of the said A. B. complains that Whereas, &c. (to wit.) A. B. and C. D. assignees of the estate and effects of E. F. (i) See other forms, in 1 Rich. C. P. 262. 264-Plead. Assist. 305. It seems a Serjeant must be sued by original.-Tidd's Prac. 9th edit. 80.-Plead. Assist. 305. a bankrupt, according to the Statute (k) in force concerning bankrupts, ASSIGNEES. complain of G. H. being, &c. (as ante, 12.) For that whereas, &c. (See forms, post, 97.) tion by assignees of in K.B.(1). The like in (to wit.) E. F. was attached to answer A. and B. assignees of the bankrupt estate and effects of C. D. a bankrupt, according to the Statute in force concerning bankrupts, of a plea of trespass on the case (as the plea is); and C. P. thereupon the said A. and B. assignees as aforesaid, by G. H. their attorney, complain that, Whereas, &c. (See form, post, 97.) (to wit.) A. B. and C. (the said B. and C. being assignees of the By one estate and effects of E. F. a bankrupt, according, &c. as above) complain, partner &c. (See form, post, 101.) and the assignees of another. or more (to wit.) A. B. and C. D. assignees of the estate and effects of I. K. By assigna bankrupt, under and by virtue of a commission of bankruptcy duly issued ces of two and awarded against the said I. K. and E. F. and G. H. assignees of the bankrupts estate and effects of L. M. a bankrupt, under and by virtue of a commission under sevof bankruptcy duly issued and awarded against the said L. M. according to eral comthe Statute in force concerning bankrupts, complain of O. P. being in the to recover a custody, &c. For that whereas, &c. missions, debt due estate (1) (to wit.) A. B. assignee of the debts, estate, and effects of C. D., By the asheretofore an insolvent debtor, and duly discharged from imprisonment ac- signees of cording to the force, form, and effect of an act of parliament made at West- an insolminster, in the 7th year of the reign of his late Majesty King George the vent debtor (m) Fourth, intituled, "An act to amend and consolidate the laws for the relief of insolvent debtors in England," according to the force, form, and effect of the said act, complains of E. F. being, &c. (if in C P. or Exchequer, alter the commencement accordingly.) For that whereas, heretofore and before the said C. D. subscribed his petition for his discharge from imprisonment, according to the provisions of the said statute, to wit, on, &c. at, &c. (Sce the forms in assumpsit, post, 101; and in trover, post, 838.) (to wit.) R. B. assignee of the remaining debts, estate and effects of By the asT. A. an insolvent debtor, and duly discharged from imprisonment in pur- an insolsignee of suance of an act of parliament made at Westminster; in the 7th year of the vent, after reign of his late Majesty King George the Fourth, intituled "An act to the removamend and consolidate the laws for the relief of insolvent debtors in Eng- first asland,” the said R. B. having heretofore been appointed an assignee of the signee by debts, estate, and effects of the said T. A. remaining unsettled, undisposed the Insol (k) The Statute now in force is the 6 Geo. 4. c. 16. See forms, Morg. Prec. 453. Plead. Assist. 311.-2 Rich. C. P. 80, 93.-Lil. Ent. 41. As to how assignees sue when there are different commissions, &c. see ante, vol. i. 16. The trustee or assignee of a bankrupt under the Scotch Sequestration Acts, has no power to sue in this country on a chose in action.-4 D. & R. 669.-6 M. & S. 126. The prece dent therefore on this head, inserted in prior (1) See ante, vol. i. 16.-2 J. B. Moore, 3. (1) See as to what is a sufficient averment of the plaintiff's title to sue as assignees, Fletcher et al. v. Pogson et al., 5 Dow. & Ryl. 1. al of the vent Court. 33a ASSIGNEES. of, and not applied by one A. N. before then assignee of the debts, estate, and effects of the said T. A. the said A. N. having before then been, under and by virtue of the said act of parliament, removed from such trust and office as assignee as aforesaid, complains of R. S. &c. (Proceed as usual as in other actions at the suit of assignees, as post, 101.) Conclusion in K. B. by assignce of a bankrupt or insolvent. The like in To the damage of the said plaintiff, as assignee as aforesaid, of £— and Pledges, &c. therefore he brings his suit, &c. Whereof the said plaintiff saith, that as assignee as aforesaid he is injured, and has as such assignee sustained damage to the amount of £- and therefore he brings his suit, &c. C. P. [ *34 ] EXECUTORS *BY AND AGAINST EXECUTORS AND ADMINISTRATORS. AND AD- Ellenborough. MINISTRA TORS. Beginning Michaelmas Term, 1 Will. 4. (to wit.) A. B. executor of the last will and testament of E. F. deof a decla- ceased, complains of C. D. executor of the last will and testament of G. H. deration by ceased, being in the custody, &c. (Ante, 12. See 1 Saund. 112, N. 1, 2. The tor against form is the same against an executor de son tort, 1 Saund. 265. In debt, an executor whether by or against an executor or administrator, omit the word "owes to in K. B. and." See ante, 13.) an execu (n). The like in By the executor of an execu tor. By a surviving executor. By hus band and wife, executrix. Against an executor. (to wit.) C. D. executor of the last will and testament of G. H. deceased, was attached (or, "summoned ") to answer A. B. executor of the last will and testament of E. F. deceased, of a pla of trespass on the case (or as the plea is); and thereupon the said A. B. executor as aforesaid, by G. H. his attorney, complains that, Whereas, &c. (to wit.) A. B. executor of the last will and testament of E. F. deceased, which said E. F. in his life-time and at the time of his death was executor of the last will and testament of G. H. deceased, complains, &c. See a form, post, 104. See a form, post, 105. See a form, post, 106. (to wit.). A. B. administrator of all and singular the goods, chatBy an ad- tels, and credits which were of E. F. deceased, at the time of his death, who ministrator died intestate, complains of C. D. administrator of all and singular the goods, against an chattels, and credits which were of C. H. deceased, at the time of his death, trator in who died intestate, being in the custody, &c. (Ante, 12. See forms, post, K. B. (0), 109, adminis [ *35 ] By an administrator &c. (to wit.) C. D. administrator, &c. (as ante, 34,) was attached (or summoned") to answer unto A. B. administrator, &c. debt or covenant on against an of a plea, &c. adminis trator in C. P. 66 (n) See forms, 2 Rich. C. P. 142.-Plead. A. 9. 346.-Lil. Ent. 26, 7. 50. (0) See a precedent, Plead. A. 369, &c. ministrator (to wit.) A. B. administrator (with the last will and testament of By an adG. C. deceased, annexed) of all and singular, the goods and chattels,ghts de bonis and credits, which were of the said G. C. deceased, at the time of his death non with left unadministered by W. B. and E. S. in their life-time, now respectively will annexdeceased, and which said W. B. and E. S. in their life-time, and at their deaths, were the executors of the said last will and testament of the said G. C. deceased, complains of G. H. being in the custody, &c. (See form, post, 111.) See a form, post, 110. See a form, post, 111. ed. By an administrator durante minore ætate. ministra limited un til the ori brought (to wit.) A. B. administrator of all and singular the goods and chat- By a surtels and credits of E. F. deceased, limited until the orignal will and testa- viving adment of the said deceased, or an attested copy thereof, should be brought into tor. and left in the Registry of the Court of the Registry of the Archbishop of By an adCanterbury, Primate of all England, and Metropolitan, and letters of admin- ministrator istration to the same annexed, of all and singular the goods and chattels and credits of the deceased, should be applied for and granted by the same court, ginal will but no further or otherwise, or in any other manner, complains, &c. For or a copy that whereas, &c. (as usual in other actions at the suit of an adminis- thereof, be trator, see forms, post, 109.) Yet, &c. (as post, 35 a) nor to the said into the plaintiff after the death of the said E. F. (to which said plaintiff, after the Archbishdeath of the said E. F. to wit, on, &c. at, &c. administration of all and sin- op's Court. gular the goods, chattels, and credits, which were of the said C. D. at the time of his death, limited until the original, &c. (as above) by granted. To the damage of the said plaintiff as administrator as aforesaid, Profert. and therefore he brings his suit, &c. with this that the original last will and testament of the said deceased, or any authentic or other copy thereof, hath not yet been brought into or left in the Registry of the Court of the Archbishop of Canterbury, and letters of administration, with the same annexed, of all and singular the goods, chattels, and credits of the said deceased, been applied for or granted by the same court, and the said letters of administration are now in full force and effect. See a form, post, 113. was And the said A. B. brings into court here the letters testamentary of the said E. F. deceased, whereby it fully appears to the said court here, that the said A. B. is executor of the last will and testament of the said E. F. deceased, and hath the execution thereof, &c. Against an administrator de bonis non with will annexed. Profert by an execu tor in K. B. (p). executor And the said A. B. brings into court here as well the letters testamentary Profert by of the said E. F. deceased, as the letters testamentary of the said G. H. de- an execuceased, whereby it fully appears to the said court here that the said E. F. in tor of an his life-time was executor of the last will and testament of the said G. H. (q). deceased, and that the said A. B. is executor of the last will and testament of the said E. F. deceased, and hath the execution of the last wills and testaments of the said E. F. and G. H. respectively, &c. (p) This profert is not necessary until dec- (9) See forms Co. Ent. 1. b.-Lil. Ent. 165, laration. EXECUTOR AND ADMINISTR ATORS. of a decla See a form, post, 105. (To the end of all the counts in the declaration.)-Yet the said defendProfert by ant not regarding his said promises and undertakings, but contriving and ina surviving tending to deceive and defraud the said E. F. in his life-time, and the said executor. plaintiff as administrator as aforesaid, after the death of the said E. F. to Conclusion which said plaintiff after the death of the said E. F. to wit, on &c. (date of ration by grant) at &c. (venue) aforesaid, administration of all and singular the goods, an admin- chattels, and credits, which were of the said E. F. deceased, at the time of istrator in his death, who died intestate, by (christian name of the Archbishop, K. B. (r)., &c.) by Divine Providence, Archbishop of Canterbury, Primate of all [ *36 ] England, and Metropolitan (s), in due form of law was granted, in this Profert by an admin istrator in K. B. Profert by an admin behalf, hath not as yet paid the said sums of money, or any part thereof, to the said E. F. in his life-time, or to the said plaintiff, since the death of the said E. F. (although often requested so to do); but he so to do hath hitherto wholly refused, and still refuses to pay the same, or any part thereof, to the said plaintiff, to the damage of the said plaintiff, as administrator as aforesaid of -; and therefore he brings his suit, &c. (Add a profert to the letters of administration, as next form.) (To the end of the declaration to the word “suit" &c. ut supra.) And the said plaintiff brings into court here the letters of administration of the said archbishop, (or "bishop,") which gives sufficient evidence to the said court here of the grant of administration to the said plaintiff as aforesaid, the date whereof is a certain day and year therein named, to wit the day and year in that behalf above mentioned, &c. Pledges, &c. And the said plaintiff brings into court here the letters of administration istrator de of the said archbishop, which give sufficient evidence to the said court here, of the grant of administration to the said E. F. as aforesaid, as also the letters of administration of the said archbishop, after the death of the said E. F. to the said plaintiff as aforesaid, which give sufficient evidence to the said court here of the grant of administration to the said plaintiff as aforesaid, the respective dates whereof are the days and years aforesaid in that behalf. bonis non of an administra tor (t). Pledges, &c. Profert by And the said plaintiff brings here into court the letters testamentary of on admin- the said G. C. deceased, whereby it appears that the said W. B. and E. S. were executors of the last will and testament of the said G. C, and in their life-time had the execution thereof. And the said plaintiff brings here into court the letters of administration of the said archbishop, which gave, &c. (Conclude as in the above form.) istrator, with the will annexed. (r) See forms, Lil. Ent. 165, 166, 399; and as to administration by a diocese Com. Rep. 17. (s) This is to be taken from the grant of the administration. If the administration was granted by the vicar-general and official principal of a bishop, instead of the words in italics, say "by A. B. vicar-general and offi cial principal of the Lord Bishop of Chester." (t) The production of this profert is suffi cient evidence without the production of the original grant to the deceased administrator 1 B. & C. 150. |